Tutorial 1 Ans - 1 Consider this introductory questions a...

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1. Consider this introductory questions: a. What are the 2 main sources of law in Australia? The 2 main sources are statute law (Acts of Parliament) and judge-made law (legal principles enunciated in judicial decisions) . b. What is it about a liberal democracy that means parliament is the “sovereign” lawmaker? Parliament represents the people, and the only thing that constrains it is the constitution. c. Are law and justice the same thing? Provide an example. Law does not require values or principles, but justice does. d. What is a judicial precedent? Why are reliable law reports & a hierarchy of courts required for a system of precedent to work well? Judicial precedent is a judgment of a court of law cited as an authority for deciding a similar set of facts; a case that serve as authority for the legal principle embodied in its decision. Because a judicial precedent is a decision of the court used as a source for future decision-making (state decisis), and which precedents are authoritative & binding, and must be followed. Law reports state why the decision was made and the reasons for it. e. What is a binding precedent? The decision of a court in a decided case binds judges lower in the same court hierarchy in deciding cases of a similar nature, but does not bind judges who are of the same court.
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2. Review Brightwater Care Group v Rossiter [2009] WASC 229 [See (1.120)] and answer the following questions: a. What is the citation? [2009] WASC 229. b. Who is the judge? Chief Justice Martin . c. Who initiated the proceedings? Brightwater Care Group. d. In which court and in what year was the case heard? Supreme Court of Western Australia in 2009. e. What statute was referred to and what did it say? Criminal Code of Western Australia s 262 Duty to provide necessaries of life: It is the duty of every person having charge of another who is unable by reason of age, sickness, mental impairment, detention, or any other cause, to withdraw himself from such charge, and who is unable to provide himself with the necessaries of life … to provide for that other person the necessaries of life; and he is held to have caused any consequences which result to the life or health of the other person by reason of any omission to perform that duty.
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